Brown v. Frenken
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; /. W. Meeks, Judge; The trastee in bankruptcy had the right to appeal. Kirby’s Digest, § 4666; 2 Cyc. 641. There is no sufficient showing by the trustee of a right of appeal to the circuit court. Kirby’s Digest, § 4665; 28 Ark. 479; 47 Ark. 412, 413.
1Opinion of the CourtHart, J.
On June 6, 1906, Nick Frenken instituted a replevin suit against the Harden-Dunham Dumber Company before John F. James, a justice of the peace in Randolph County, Arkansas, to recover the possession of one circular saw, and one rip saw. The case was continued from time to time until September 6, 1906, when judgment by default was rendered in favor of the plaintiff.
On the 24th day of September, 1906, the following affidavit for appeal was filed in the cause: (Caption omitted.) “Comes now Ben A. Brown, who states to the court that he is the regularly qualified and appointed trustee in…
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